Federal Process Agents of Surety Corporations, 60847-60848 [E6-17225]
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
Foam, IBR approved for
§ 1915.507(d)(3).
(xiv) NFPA 17–2002, Standard for Dry
Chemical Extinguishing Systems, IBR
approved for § 1915.507(d)(4).
(xv) NFPA 12–2005, Standard on
Carbon Dioxide Extinguishing Systems,
IBR approved for § 1915.507(d)(5).
(xvi) NFPA 12A–2004, Standard on
Halon 1301 Fire Extinguishing Systems,
IBR approved for § 1915.507(d)(5).
(xvii) NFPA 2001–2004, Standard on
Clean Agent Fire Extinguishing
Systems, IBR approved for
§ 1915.507(d)(5).
(xviii) NFPA 1403–2002, Standard on
Live Fire Training Evolutions, IBR
approved for § 1915.508(d)(8).
I 3. Amend § 1915.505 to revise
paragraph (e)(3)(v) to read as follows:
§ 1915.505
Fire response.
*
*
*
*
*
(e) * * *
(3) * * *
(v) Provide only SCBA that meet the
requirements of NFPA 1981–2002
Standard on Open-Circuit SelfContained Breathing Apparatus for Fire
and Emergency Services (incorporated
by reference, see § 1915.5); and
*
*
*
*
*
I 4. Amend § 1915.507 to revise
paragraphs (b)(1), (b)(2), (c)(6), (d)(1),
(d)(2), (d)(3), and (d)(5) to read as
follows:
§ 1915.507
system.
Land-side fire protection
sroberts on PROD1PC70 with RULES
*
*
*
*
*
(b) * * *
(1) The employer must select, install,
inspect, maintain, and test all portable
fire extinguishers according to NFPA
10–2002 Standard for Portable Fire
Extinguishers (incorporated by
reference, see § 1915.5).
(2) The employer is permitted to use
Class II or Class III hose systems, in
accordance with NFPA 10–2002
(incorporated by reference, see
§ 1915.5), as portable fire extinguishers
if the employer selects, installs,
inspects, maintains, and tests those
systems according to the specific
recommendations in NFPA 14–2003
Standard for the Installation of
Standpipe and Hose Systems
(incorporated by reference, see
§ 1915.5).
(c) * * *
(6) Select, install, inspect, maintain,
and test all automatic fire detection
systems and emergency alarms
according to NFPA 72–2002 National
Fire Alarm Code (incorporated by
reference, see § 1915.5)
(d) * * *
(1) Standpipe and hose systems
according to NFPA 14–2003 Standard
VerDate Aug<31>2005
04:19 Oct 17, 2006
Jkt 211001
for the Installation of Standpipe and
Hose Systems (incorporated by
reference, see § 1915.5);
(2) Automatic sprinkler systems
according to NFPA 25–2002 Standard
for the Inspection, Testing, and
Maintenance of Water-based Fire
Protection Systems, (incorporated by
reference, see § 1915.5), and either (i)
NFPA 13–2002 Standard for the
Installation of Sprinkler Systems
(incorporated by reference, see
§ 1915.5), or (ii) NFPA 750–2003
Standard on Water Mist Fire Protection
Systems (incorporated by reference, see
§ 1915.5);
(3) Fixed extinguishing systems that
use water or foam as the extinguishing
agent according to NFPA 15–2001
Standard for Water Spray Fixed Systems
for Fire Protection (incorporated by
reference, see § 1915.5) and NFPA 11–
2005 Standard for Low-, Medium-, and
High-Expansion Foam (incorporated by
reference, see § 1915.5);
*
*
*
*
*
(5) Fixed extinguishing systems using
gas as the extinguishing agent according
to NFPA 12–2005 Standard on Carbon
Dioxide Extinguishing Systems
(incorporated by reference, see
§ 1915.5); NFPA 12A–2004 Standard on
Halon 1301 Fire Extinguishing Systems
(incorporated by reference, see
§ 1915.5); and NFPA 2001–2004
Standard on Clean Agent Fire
Extinguishing Systems (incorporated by
reference, see § 1915.5).
[FR Doc. E6–17124 Filed 10–16–06; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 224
RIN–1510–AB08
Federal Process Agents of Surety
Corporations
Financial Management Service,
Fiscal Service, Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: The Financial Management
Service (FMS) is revising its regulation
governing the appointment of Federal
process agents of surety corporations to
allow for the appointment of a state
official as a process agent. We are also
revising the regulation by removing the
requirement that all surety corporations
appoint a process agent in the District
of Columbia, regardless of whether the
surety corporation provides bonds in
the District of Columbia. Finally, we are
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Frm 00043
Fmt 4700
Sfmt 4700
60847
updating obsolete contact information
and references in the regulation.
This rule is effective on October
17, 2006.
DATES:
Rose
M. Miller, Manager, Surety Bond
Branch, at 202–874–6850 or
rose.miller@fms.treas.gov; or William
Erle, Senior Counsel, at 202–874–6680
or william.erle@fms.treas.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
31 U.S.C. 9306 was amended
November 29, 1999 to allow a surety
corporation to appoint a State official as
its process agent. This means that surety
corporations conducting business in
more than one judicial district in a state
can appoint a State official to receive
service of process on the corporation,
thereby saving surety corporations from
having to appoint an agent in each
judicial district of that State. Prior to the
amendment, a surety did not have the
option of appointing a State official as
its process agent to satisfy the service of
process requirement. This revised rule
makes the regulation at 31 CFR Part 224
consistent with 31 U.S.C. 9306 by
providing for the appointment of State
officials as process agents.
An additional change relates to the
requirement currently found in 31 CFR
224.2(a)(3) which requires that an agent
be appointed for service of process ‘‘in
the District of Columbia where the bond
is returnable and filed.’’ This
requirement applies to all surety
corporations whether or not the
corporation contemplates the writing of
bonds in favor of the United States to be
undertaken within the District of
Columbia. Requiring companies to
appoint an agent in the District of
Columbia, when they are not
incorporated in the District of Columbia,
and do not write bonds in the District
of Columbia, is an unnecessary financial
burden on the companies. FMS can see
no benefit to the Federal government in
maintaining this requirement since, as a
matter of practice, Federal bonds are not
necessarily returnable and filed in the
District of Columbia. The revised rule
eliminates this requirement.
The sample power of attorney form
currently found in 31 CFR 224.4 is
replaced with a reference to the Surety
Bond Branch Web page. Moving the
form to the Web page will allow the
sample power of attorney form to be
updated more easily. Also, it will
provide surety corporations with easy
access to an electronic version of the
form.
E:\FR\FM\17OCR1.SGM
17OCR1
60848
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
Finally, 31 CFR 224.6 currently states
that a listing of the divisional offices of
the court in each judicial district may be
obtained from the Surety Bond Branch,
Financial Management Service, U.S.
Department of the Treasury. This
information is available directly from
the U.S. Courts. Therefore, the
regulation is revised to provide the
contact information for the U.S. Courts.
224.5 Who may a surety corporation
appoint to be a process agent?
224.6 Where can I find a sample power of
attorney form?
224.7 Where can I find a list of United
States district court offices?
224.8 When must a surety corporation
appoint a new process agent?
Regulatory Analyses
Administrative Procedure Act. We did
not publish a Notice of Proposed
Rulemaking (NPRM) for this regulation.
Under 5 U.S.C. 553(b)(B), a rule is
exempt from notice and comment
rulemaking requirements if the agency
finds that notice and public comment
are unnecessary or contrary to the
public interest. This rule reflects
provisions that are already in effect as
a matter of law. The changes will have
no substantive effect on the public;
therefore, it is unnecessary to publish an
NPRM. Likewise, for the same reasons a
delayed effective date is not required.
Clarity of Regulations. Executive
Order 12866 requires each agency to
write regulations that are easy to
understand. We invite comment on how
to make this rule clearer. For example,
you may wish to discuss: (1) Whether
we have organized the material to suit
your needs; (2) whether the
requirements of the rule are clear; or (3)
whether there is something else we
could do to make this rule easier to
understand.
Executive Order 12866. FMS has
determined that this regulation is not a
significant action as defined in
Executive Order 12866. Therefore, a
regulatory assessment is not required.
Regulatory Flexibility Act. Because no
notice of proposed rulemaking is
required, the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply.
This part provides guidance on when
a surety corporation must appoint a
service of process agent and how the
surety corporation complies with this
requirement.
List of Subjects in 31 CFR Part 224
Bonding, Insurance, Insurance
companies, Sureties, Surety bonds,
Process agents.
I For the reasons set forth in the
preamble, 31 CFR part 224 is revised as
follows:
sroberts on PROD1PC70 with RULES
PART 224—FEDERAL PROCESS
AGENTS OF SURETY CORPORATIONS
Sec.
224.1 What does this part cover?
224.2 Definitions.
224.3 When may a surety corporation
provide a bond without appointing a
process agent?
224.4 When must a surety corporation
appoint a process agent?
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02:22 Oct 17, 2006
Jkt 211001
Authority: 31 U.S.C. 9306 and 9307.
§ 224.1
§ 224.2
What does this part cover?
Definitions.
For purposes of this regulation:
(a) Principal means the person or
entity required to provide a surety bond.
(b) Process agent means a resident
agent for service of process.
(c) State means a State, the District of
Columbia, or a territory or possession of
the United States.
§ 224.3 When may a surety corporation
provide a bond without appointing a
process agent?
A surety corporation may provide a
bond without appointing a process
agent when the State where the bond is
filed, the State where the principal
resides, and the State where the surety
corporation is incorporated are the
same.
§ 224.4 When must a surety corporation
appoint a process agent?
A surety corporation must appoint a
process agent when either the State
where the bond is filed or the State
where the principal resides is different
from the State where the surety
corporation is incorporated. In such a
case, the surety corporation must
appoint a process agent in each such
State that is different from the State
where the surety is incorporated.
§ 224.5 Who may a surety corporation
appoint to be a process agent?
A surety corporation may appoint
either of the following as process
agent—(a) An official of the State who
is authorized or appointed under the
law of that jurisdiction to receive
service of process on the surety
corporation; or
(b) An individual who resides in the
jurisdiction of the district court for the
district in which a surety bond is filed
and who is appointed by the surety
corporation by means of a power of
attorney. A certified copy of the power
of attorney must be filed with the clerk
of the district court for the district in
which a surety bond is to be provided.
In addition, the surety corporation must
provide the clerk of the United States
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Sfmt 4700
District Court at the main office in each
judicial district with the required
number of authenticated copies of the
power of attorney for each divisional
office of the court within that judicial
district.
§ 224.6 Where can I find a sample power
of attorney form?
The Surety Bond Branch provides a
sample form on its Web page located at:
https://www.fms.treas.gov/c570. While
use of the sample form is not required,
any power of attorney provided should
be substantially the same as the sample
form.
§ 224.7 Where can I find a list of United
States district court offices?
A list of the divisional offices of the
court in each judicial district may be
obtained from the Federal Judiciary,
U.S. Courts Web page at https://
www.uscourts.gov, or by mail by writing
to: Office of Public Affairs,
Administrative Office of the U.S. Courts,
Washington, DC 20544.
§ 224.8 When must a surety corporation
appoint a new process agent?
The surety corporation must
immediately appoint a new process
agent whenever the authority of a
process agent is terminated by reason of
revocation, disability, removal from the
district, or any other cause.
Dated: October 11, 2006.
Kenneth R. Papaj,
Commissioner.
[FR Doc. E6–17225 Filed 10–16–06; 8:45 am]
BILLING CODE 4810–35–P
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 256
RIN 1510–AA52
Obtaining Payments From the
Judgment Fund and Under Private
Relief Bills
Financial Management Service,
Fiscal Service, Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: The Financial Management
Service (FMS) is revising 31 CFR part
256, governing how Federal government
agencies (agencies) obtain payments
from the Judgment Fund, 31 U.S.C.
1304, and how individuals obtain
payments under private relief acts. The
revision reflects current rules and
procedures; it does not include any
substantive changes.
E:\FR\FM\17OCR1.SGM
17OCR1
]]>Agencies
[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Rules and Regulations]
[Pages 60847-60848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17225]
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DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 224
RIN-1510-AB08
Federal Process Agents of Surety Corporations
AGENCY: Financial Management Service, Fiscal Service, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Financial Management Service (FMS) is revising its
regulation governing the appointment of Federal process agents of
surety corporations to allow for the appointment of a state official as
a process agent. We are also revising the regulation by removing the
requirement that all surety corporations appoint a process agent in the
District of Columbia, regardless of whether the surety corporation
provides bonds in the District of Columbia. Finally, we are updating
obsolete contact information and references in the regulation.
DATES: This rule is effective on October 17, 2006.
FOR FURTHER INFORMATION CONTACT: Rose M. Miller, Manager, Surety Bond
Branch, at 202-874-6850 or rose.miller@fms.treas.gov; or William Erle,
Senior Counsel, at 202-874-6680 or william.erle@fms.treas.gov.
SUPPLEMENTARY INFORMATION:
Background
31 U.S.C. 9306 was amended November 29, 1999 to allow a surety
corporation to appoint a State official as its process agent. This
means that surety corporations conducting business in more than one
judicial district in a state can appoint a State official to receive
service of process on the corporation, thereby saving surety
corporations from having to appoint an agent in each judicial district
of that State. Prior to the amendment, a surety did not have the option
of appointing a State official as its process agent to satisfy the
service of process requirement. This revised rule makes the regulation
at 31 CFR Part 224 consistent with 31 U.S.C. 9306 by providing for the
appointment of State officials as process agents.
An additional change relates to the requirement currently found in
31 CFR 224.2(a)(3) which requires that an agent be appointed for
service of process ``in the District of Columbia where the bond is
returnable and filed.'' This requirement applies to all surety
corporations whether or not the corporation contemplates the writing of
bonds in favor of the United States to be undertaken within the
District of Columbia. Requiring companies to appoint an agent in the
District of Columbia, when they are not incorporated in the District of
Columbia, and do not write bonds in the District of Columbia, is an
unnecessary financial burden on the companies. FMS can see no benefit
to the Federal government in maintaining this requirement since, as a
matter of practice, Federal bonds are not necessarily returnable and
filed in the District of Columbia. The revised rule eliminates this
requirement.
The sample power of attorney form currently found in 31 CFR 224.4
is replaced with a reference to the Surety Bond Branch Web page. Moving
the form to the Web page will allow the sample power of attorney form
to be updated more easily. Also, it will provide surety corporations
with easy access to an electronic version of the form.
[[Page 60848]]
Finally, 31 CFR 224.6 currently states that a listing of the
divisional offices of the court in each judicial district may be
obtained from the Surety Bond Branch, Financial Management Service,
U.S. Department of the Treasury. This information is available directly
from the U.S. Courts. Therefore, the regulation is revised to provide
the contact information for the U.S. Courts.
Regulatory Analyses
Administrative Procedure Act. We did not publish a Notice of
Proposed Rulemaking (NPRM) for this regulation. Under 5 U.S.C.
553(b)(B), a rule is exempt from notice and comment rulemaking
requirements if the agency finds that notice and public comment are
unnecessary or contrary to the public interest. This rule reflects
provisions that are already in effect as a matter of law. The changes
will have no substantive effect on the public; therefore, it is
unnecessary to publish an NPRM. Likewise, for the same reasons a
delayed effective date is not required.
Clarity of Regulations. Executive Order 12866 requires each agency
to write regulations that are easy to understand. We invite comment on
how to make this rule clearer. For example, you may wish to discuss:
(1) Whether we have organized the material to suit your needs; (2)
whether the requirements of the rule are clear; or (3) whether there is
something else we could do to make this rule easier to understand.
Executive Order 12866. FMS has determined that this regulation is
not a significant action as defined in Executive Order 12866.
Therefore, a regulatory assessment is not required.
Regulatory Flexibility Act. Because no notice of proposed
rulemaking is required, the provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) do not apply.
List of Subjects in 31 CFR Part 224
Bonding, Insurance, Insurance companies, Sureties, Surety bonds,
Process agents.
0
For the reasons set forth in the preamble, 31 CFR part 224 is revised
as follows:
PART 224--FEDERAL PROCESS AGENTS OF SURETY CORPORATIONS
Sec.
224.1 What does this part cover?
224.2 Definitions.
224.3 When may a surety corporation provide a bond without
appointing a process agent?
224.4 When must a surety corporation appoint a process agent?
224.5 Who may a surety corporation appoint to be a process agent?
224.6 Where can I find a sample power of attorney form?
224.7 Where can I find a list of United States district court
offices?
224.8 When must a surety corporation appoint a new process agent?
Authority: 31 U.S.C. 9306 and 9307.
Sec. 224.1 What does this part cover?
This part provides guidance on when a surety corporation must
appoint a service of process agent and how the surety corporation
complies with this requirement.
Sec. 224.2 Definitions.
For purposes of this regulation:
(a) Principal means the person or entity required to provide a
surety bond.
(b) Process agent means a resident agent for service of process.
(c) State means a State, the District of Columbia, or a territory
or possession of the United States.
Sec. 224.3 When may a surety corporation provide a bond without
appointing a process agent?
A surety corporation may provide a bond without appointing a
process agent when the State where the bond is filed, the State where
the principal resides, and the State where the surety corporation is
incorporated are the same.
Sec. 224.4 When must a surety corporation appoint a process agent?
A surety corporation must appoint a process agent when either the
State where the bond is filed or the State where the principal resides
is different from the State where the surety corporation is
incorporated. In such a case, the surety corporation must appoint a
process agent in each such State that is different from the State where
the surety is incorporated.
Sec. 224.5 Who may a surety corporation appoint to be a process
agent?
A surety corporation may appoint either of the following as process
agent--(a) An official of the State who is authorized or appointed
under the law of that jurisdiction to receive service of process on the
surety corporation; or
(b) An individual who resides in the jurisdiction of the district
court for the district in which a surety bond is filed and who is
appointed by the surety corporation by means of a power of attorney. A
certified copy of the power of attorney must be filed with the clerk of
the district court for the district in which a surety bond is to be
provided. In addition, the surety corporation must provide the clerk of
the United States District Court at the main office in each judicial
district with the required number of authenticated copies of the power
of attorney for each divisional office of the court within that
judicial district.
Sec. 224.6 Where can I find a sample power of attorney form?
The Surety Bond Branch provides a sample form on its Web page
located at: https://www.fms.treas.gov/c570. While use of the sample form
is not required, any power of attorney provided should be substantially
the same as the sample form.
Sec. 224.7 Where can I find a list of United States district court
offices?
A list of the divisional offices of the court in each judicial
district may be obtained from the Federal Judiciary, U.S. Courts Web
page at https://www.uscourts.gov, or by mail by writing to: Office of
Public Affairs, Administrative Office of the U.S. Courts, Washington,
DC 20544.
Sec. 224.8 When must a surety corporation appoint a new process
agent?
The surety corporation must immediately appoint a new process agent
whenever the authority of a process agent is terminated by reason of
revocation, disability, removal from the district, or any other cause.
Dated: October 11, 2006.
Kenneth R. Papaj,
Commissioner.
[FR Doc. E6-17225 Filed 10-16-06; 8:45 am]
BILLING CODE 4810-35-P
